Treating Physician’s listing on disclosures sufficient to allow testimony of causation says 4th Court of Appeals.


City of Laredo v Limon, No. 04-12-00616-CV (Tex. App. – San Antonio, November 6, 2013).

This is a TTCA automobile accident case where the City of Laredo appeals a trial verdict where a treating physician was permitted to testify as to causation and to the sufficiency of the evidence.  The San Antonio Court of Appeals disagreed with the City and affirmed the judgment.

This case is mainly of interest to litigators. Limon’s pretrial disclosures identified the doctor as a medical expert and one who would testify as to the injuries. It did not specifically list expected testimony of causation. However, the court noted nearly every page of the doctor’s records note the accident, the lack of symptoms prior to the accident, the progression of the symptoms subsequent to the accident, and the degree of relief achieved with various treatments. The records, viewed in their entirety, provide enough information for a reasonable person to conclude the doctor would testify that Limon’s medical condition resulted from the automobile accident. The testimony and evidence were sufficient to support the verdict so the court affirmed the judgment.

If you would like to read this opinion click here.

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